Sudhir Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45200 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- LAXMIPUR District- Jamui ====================================================== 1.

Sudhir Sah, S/o Brijanand Sah, Resident of Nawadih, Tetariya, P.S.- Laxmipur, District- Jamui 2.

Chhabila Rai, S/o Late Masudan Rai, Resident of Tetariya, P.S.- Laxmipur, District- Jamui 3.

Vijay Kumar Sah @ Vijay Sah @ Vijay Kumar Sao, S/o Paro Sah, Resident of Wairimabandh, P.S.- Laxmipur, District- Jamui ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2019 This is an application for grant of anticipatory bail in connection with Laxmipur P.S. Case No. 151 of 2019, disclosing offences under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner is of manufacturing the liquor and there is recovery of 1800 liters of Jawa Mahua. Petitioners are named in the F.I.R. on the information of Chaukidar.

Submission of the learned counsel for the petitioners is that F.I.R. itself shows that nothing has been recovered from their possession nor they are named by any prosecution witness,

Patna High Court CR. MISC. No.45200 of 2019(2) dt.23-07-2019 2/2 rather have falsely been implicated in this case by the police on the basis of information given by the Chaukidar. They have no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned A.D.J-II, Jamui, in connection with Laxmipur P.S. Case No. 151 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T